A plaintiff who prevailed on summary judgment on a Lanham Act claim over use of a common phrase, “We Buy Homes,” is not entitled to attorney’s fees because the case was not rare, extraordinary or unique. Background On June 28, ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

The government failed to prove the defendant was in the Eastern District of Virginia when he actually transmitted National Defense Information to his Chinese contact. Background Following a four-day trial, a jury convicted defendant of: (1) conspiracy to gather or ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

Although “We buy houses” is a registered trademark, it is now widely used to describe services provided rather than a source of services, which makes it generic, not distinctive. Background Plaintiff Express Homebuyers has been in the house-buying industry since ...

Tagged with: Intellectual Property Judge T.S. Ellis III U.S. District Court - Eastern District

While a management company mailed delinquency notices for a homeowners’ association, its debt-collection activity was incidental to its obligations, and is thus exempted as a debt collector under the Fair Debt Collection Practices Act. Background Plaintiff Robert Yergovich owns and ...

Tagged with: Consumer Protection Judge T.S. Ellis III U.S. District Court - Eastern District

An Alexandria federal judge has awarded $1.53 million in attorney’s fees and costs to a consumer electronics manufacturer based on findings that trademark infringement claims and litigation conduct against the company were “objectively unreasonable.” U.S. District Judge T.S. Ellis III ...

Tagged with: Judge T.S. Ellis III

A mobile home park may have violated the Fair Housing Act by requiring residents to provide proof of their legal residency in the United States, the 4th U.S. Circuit Court of Appeals has ruled. Four Latino families allege that the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Judge Henry F. Floyd Judge James A. Wynn Jr. Judge T.S. Ellis III

Panel interviews of four candidates – even split by gender – to fill a U.S. Marshals Service leadership position provided no basis to find that the proffered reasons for selecting a male candidate were a pretext for gender discrimination. Background ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

The actions of 28 Chinese entities selling counterfeit goods on the internet did not arise out of the same transaction or occurrence, and they must be severed into individual suits. Background The Defendants, 28 unrelated individuals and entities located in the People’s ...

Tagged with: Civil Procedure Judge T.S. Ellis III U.S. District Court - Eastern District

Panel interviews of four candidates – even split by gender – to fill a U.S. Marshals Service leadership position provided no basis to find that the proffered reasons for selecting a male candidate were a pretext for gender discrimination. Background ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

The actions of 28 Chinese entities selling counterfeit goods on the internet did not arise out of the same transaction or occurrence, and they must be severed into individual suits. Background The Defendants, 28 unrelated individuals and entities located in the People’s ...

Tagged with: Civil Procedure Judge T.S. Ellis III U.S. District Court - Eastern District